Preview
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Saturday Properties, LLC,
Plaintiff, COMPLAINT
vs.
Teddy Gross (dob 5/27/1997),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Saturday Properties, LLC. Plaintiff is a Landlord as that term is defined
in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Teddy Gross. Defendant is a Residential Tenant as that term is defined
in Minn. Stat. § 504B.001, Subd. 12.
The Lease
3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.
4. The address of the property in the Lease is 3029 22nd Avenue South #205, in the City
of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55407.
5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.
Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
1
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
7. Plaintiff has complied with Minn. Stat. § 504B.181 by:
a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.
Count 1: Eviction – Non-payment
8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.
11. The total amount required to redeem the tenancy is $2,154.51 + $377.00 (costs of the
action – filing fee and service fee) for a total of $2,531.50, plus any additional
amounts, or other covenants of the lease which may become due during the pendency
of this action. The amount pled not include all money owing under the lease.
12. Defendants’ military status is unknown.
2
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
Request for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the property
and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs and disbursements of the action.
I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: June 25, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff
3
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
APARTMENT LEASE AGREEMENT
Apartment Community Name: Southsider Agartmens Building Address: 3029 22nd Ave. South Unit # fl
Date: February 18, 2024
Landlord and Resident mutually agree to the following terms:
RESIDENT LEASEHOLDER(S): (Each adult who signs this Lease is a "Resident.")
1.) Teddy Gross 3.) 5.)
2.) 4.) 6.)
CO-SIGNER(S): Check here if not applicable [X]
1.) 2.)
OTHER OCCUPANTS (Please list names & DOB):
1.) 2.)
3.)
Type of Unit: B3-SS Security Deposit: $150.00
15' Garage/Parking Space #2 I 2"" Garage/Parking Space #z I
Number of
Pets: Type of Pet(s): , , Monthly Pet Rent: $0.00
Non-Refundable Pet Fee: $0.00 Pet Fee: $0.00
Move-In Date: 05/17/2024 Lease Start Date: 05l17l2024
Term: 12 Month Lease End Date: 0511 6/2025 (at Noon on the last day of the lease)
NOTICE PERIOD: Resident's notice to vacate/nonrenewal and/or Landlord's notice to vacate/nonrenewal are due by 11:59 P.M., 59 Days
("Notice Period") prior to the expiration of the Lease in writing unless indicated otherwise herein.
UTILITIES: Utilities included in rent: None
Utilities paid separately by Resident: Gas, Electric, Water, Sewer, Trash &
Cable/Internet.
RENT: Total Monthly Payment of: $1,343.50 is to be paid in full on or before the first day of each month by automatic withdrawal. one
check. or money order. The total amount due from Resident during a particular month may be in excess of the stated amount if additional
charges are due in accordance with this Lease.
[Wonthly Amount [Description Resident Initials
Monthly Rent $1,339.00 Monthly Rent 1 Zé)
Garage/Parking 0.00 1:9
Pet 0.00 1?)
Storage 0.00 "(12.)
Other Charges 0.00 7?)
Fixed Utility Admin Fee Utility Admin Fee v-L ~77)
I5450
IMonthly Concession 0.00 "(I6
TOTAL MONTHLY PAYMENT: 1,343.50 ,1.,5)
Document digitally' signed using RentCaI'c cSignaturc services. Document ID: 338539
EXHIBIT A
EXHIBIT A
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
SERVICE CHARGES: (must initial box)
O Late Fee if Total Monthly Payment is not received by 4:00 p.m. on
the fifth (5th) day of the month in which it is due: There will be a
late fee equal to 8% of the Total Monthly Payment. which is
additional rent.
T3 0 Returned check charge: $30.00.
- Check Processing fee: $5.00
ALL LATE FEES AND ANY AMOUNTS DUE UNDER THE LEASE WILL BE WITHELD FROM SECURITY DEPOSIT IF NOT PAID
BEFORE MOVE OUT AS DAMAGES BEYOND NORMAL WEAR AND TEAR IN ACCORDANCE WITH MINN. STAT. § 5048.178.
ADDITIONAL AGREEMENTS: NIA
KEYS:
Resident agrees to take every precaution not to lose the apartment door key, mailbox key, or l_=OBs (hereinafter keys), and if Resident
does lose any keys, Resident shall pay for replacement keys. as additional rent in accordance wuth the followmg schedule:
Key, Opener,
Fob # Issued Amount Per Item Key, Opener, Fob # Issued Amount
Apt. Door Key $100.00 Storage Locker $0.00
Key
Other: Garage
Mailbox Key $15.00 $100.00
Opener
FOB (per FOB) $100.00 $
One set of keys is provided for each Resident. Replacement key charges are due and payableat the time of the loss and_prior to
of such keys. Keys for any occupants under 18 years of age must be requested In writing, and occupants must be listed on
e Lease.
trfiplacement
The following infonnaflon is provided pursuantto Minn. Stat. § 5043.181:
The person authorized to manage these premises and the landlord or the premises authorized to accept service of process and receive
and give receipts for notices and demands is: Saturday Properties, LLC, 3546 Dakota Avenue South. Suite D, St. Louis Park, MN
55416. A printed or type written notice containing the information is hereby disclosed and placed in a conspicuous place on the premises.
TERMS OF THIS LEASE:
A. LEASE: In consideration of the mutual agreements and provisions set forth below, Landlord hereby leases to Resident and
Resident hereby leases from Landlord, for a private residence, the Apartment designated above. together with the fixtures and
accessories belonging thereto (hereinafter "Apartment") for the above term ("Term"). All parties listed as "Landlord" or "Landlord's
Agent" and "Resident" are herein referred to individually and collectively as Landlord and Resident respectively. The term Landlord
shall include the Owner, all authorized agenm. employees. representatives or assigns of Landlord or the Owner of the property.
B. POSSESSION: The Apartment shall be available when Landlord communicates to Resident that the Apartment is ready for
occupation via telephone. via U.S. Mail to Resident's last known address, via email to an email address provided by Resident. or
when Landlord has tendered keys to the Apartment to Resident. Landlord shall not be liable to Resident for damages of any kind
whatsoever if Landlord cannot deliver possession of the Apartment on the first day of the tenancy for any reason, in which case this
Lease shall remain in full force and effect except that the rent shall be abated pro-rata until possession of the Apartment is tendered
to Resident; provided that if Landlord is unable to deliver possession of the Apartment to Resident within thirty
(30) calendar days
after the Term start date stated above, Resident may cancel this Lease by written notice delivered to Landlord wuthin thirty-five (35)
calendar days after the Term start date stated above. In such event, all sums previously paid by Resident to Landlord will be
refunded to Resident. including any Application Fee. Security Deposit or any other deposit or rent. Notwithstanding the foregoing,
Landlord shall not be obligated to deliver possession or the keys of the Apartment to Resident unless and until Resident has paid all
amounts due at the time physical possession of the Apartment is given to Resident
C. CONDITION OF APARTMENT: By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had
an opportunity to inspect the Apartment or one like it. and that no promises have been made by Landlord about any changes in
decorating. appliances or fixtures, unless such changes are in a writing signed by Landlord and Resident. A "Resident Move-In
Checklist" will be provided to Resident at the time Resident moves into the Apartment. Resident agrees to document any defects or
damage in the Apartment by returning the Checklist to Landlord within two (2) days after move in. Any damages or deficiencies
noted on the Checklist are not considered a request for repair or service unless Resident also submits a work order or request for
service. Resident's completion and return of the Checklist to Landlord is Resident's acknowledgement of the move-in condition of
the Apartment. The Checklist as completed by any one Resident will be deemed binding and conclusive as to the condition of the
Apartment on all Residents. If Resident does not return the Checklist as required by this Section. Resident agrees that the
Apartment shall be deemed to have been received in good condition with no repairs. defects, or pre-existing damages.
Document digitally signed using RentCafc cSignature services. Document ID: 338539
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
D. RENT:
1. PAYMENT: Resident shall pay to Landlord the Total Monthly Payment and all other charges due under this Lease before 11:59
pm on the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease, in advance.
at Landlord's address indicated above, or such other place as Landlord shall from time to time designate. without the
requirement of demand or billing, and without set-off, deduction or counterclaim. All amounts due hereunder shall be
considered rent Unless otherwise notified by Landlord in writing, payment will be accepted in the form of a check. money
order. or cashier's check given directly to the Property Manager, placed in the rent drop box. or by payment online. Cash will not
be accepted. Payments received shall be applied to the oldest charges on Resident's ledger. TIME IS OF THE ESSENCE
FOR ALL PAYMENTS HEREUNDER. Failure of Resident to make the Total Monthly Payment or any other charges due shall
constitute a material breach of the Lease and result in Landlord's right to exercise all of its legal remedies including immediate
an eviction action pursuant to law. In Landlord's sole discretion. and upon written notice to Resident. Landlord may require the
payment of the Total Monthly Payment to be by money order or cashier's check. Landlord shall not be required to provide
Resident with a monthly statement. and if Landlord does so. it shall be purely as a courtesy to Resident.
JOINT AND SEVERAL LIABLITY FOR RENT AND OBLIGATIONS: Each adult Resident listed above is JOINTLY and
SEVERALLY for the payment of the total amount of rent and any other monies or charges owed with relation
re erenced apartment and for all other requirements under this Lease.
to the above resfponsible
CO-SIGNER (IF APPLICABLE): Co-signer (if applicable). has read this Lease and promises to guarantee Resident's
compliance with the financial obligations of the Lease. The Co-signer will not occupy the Apartment and neither Landlord nor
Resident shall provide Co-signer with any keys to the Apartment. The Co-signer agrees that they shall be personally
responsible for the Resident's Total Monthly Payments. rent payments, late charges. utilities. damages. etc. incurred by
Resident in the event that Resident fails to pay as set forth in this Lease. The Co-signer further agrees to pay any and all court
costs that might occur if the terms of the Lease are not met. Landlord is not required to first attempt collection of past due
amounts from Resident. and instead, may make immediate demand upon or proceed to enforcement against the Coslgner.
The guarantee of Co-signer will remain in force throughout the entire Term of Resident's tenancy. even if the ReSIdent's
tenancy is renewed. extended and or changed in its terms.
DUTY TO PAY RENT AFTER EVICTION: If Resident is evicted because Resident violated a term of this Lease, Resident must
still pay the monthly rent until (a) the beginning of the lease Term for which the Apartment is re-rented; (b) the date that this
Lease ends; or (c) if the Lease is month-to-month, the next Notice Period ends. lf the Apartment is re-rented for less than the
rent due under this Lease. Resident will be responsible for the difference until the date this Lease ends or. if the Lease is
month-tomonth. until expiration of the next Notice Period.
. LATE CHARGES; PARTIAL PAYMENT OF RENT: Resident agrees to pay Landlord a late charge in the amount set forth
above under "Service Charges" on any rent or other balance not received by the Landlord by 4:00 PM on the 5'" day of the
month without any prior notice by Landlord. Landlord reserves the right to adjust the late charge schedule with a fifty-nine (59)
Day written notice to Resident. It is expressly agreed to between Landlord and Resident that acceptance by Landlord of less
than the full amount of rent due from Resident does not waive Landlord's right to commence or continue an eviction to recover
possession of the rental premises for nonpayment by Resident of the balance of rent owed Landlord. No endorsement or
statement on any check or other communication shall be deemed an accord and satisfaction and Landlord may accept such
payment without prejudice to Landlord's right to recover the balance of any sums owed by Resident or to pursue against
Resident any additional remedies under this Lease or provided by law.
NSF 0R CHECKS RETURNED UNPAID. lf a payment by Resident is returned to the Landlord unpaid for any reason, all
applicable late charges through the date of redemption and an NSF fee in the amount set forth under "Service Charges" will be
assessed as additional rent: Redemption payments must be made by a cashier's check or money order. An NSF check
constitutes a non-payment of rent (Total Monthly Payment) and can result in an eviction action being filed. Landlord reserves
the right to require that all future payments be in the form of certified funds. Additionally. Landlord reserves the right to adjust
charges associated with returned checks upon providing a sixty (60) day written notice to Resident.
ACCELERATION: If this Lease is terminated due to any violations of a material term hereof. or if Resident is evicted, the entire
remaining amount due under this Lease through the Lease End Date, and any extension hereof of any month-to-month
lease (wit a fifty-nine (59) days' Notice Period), shall become due and payable immediately.
WHEN PAYMENTS ARE DUE: Any amount owed by Resident under this Lease is due when Landlord asks for it. Landlord
does not give up its right to any money owed by Resident because of Landlord's failure or delay in asking for any payment.
PROMOTIONSICONCESSION: Any rent promotions or concessions that are given to Resident will be in the form of a rent
credit only and are not reimbursable for cash. lf a Resident receives a promotion/concession and does not fulfill the lease term
or defaults In any tenn_or condition of the lease. then the promotion/concession will be immediately charged back to the
Resident and becomes Immediately due. That means, if Resident was given a concession for the month of April and fails to
pay rent or vrolates any other term of the lease in Ma . then Resident shall owe the rent in arrears. the concession. and the
current month's rent. Landlord is entitled to charge an % late fee for "charged back" promotions/concessions if not paid on the
first day of the following month in which the breach or default occurs. If Resident does not utilize the rent promotion prior to
or before signing a new lease term. the promotion/concession becomes null and void and of no
ene o athfullRleage
\b/acatfiing e es: en term
.
E. USE OF APARTMENT:
9. OCCUPANCY; USE; SUBLETTING; GUESTS:
a) Only the persons listed above as Resident can live in the Apartment. No other persons may live, use. regularly stay. or
"share" the Apartment. Resrdent shall not allow any non-Resident to stay in the Apartment or in the Apartment
Community through any private or public home sharing. room letting, swapping. vacation rental, bartering or any other
accommodation sharing or similar service. whether long term or short term (by way of non-exclusive example:
VRBO.com. homeaway.com or Airbnb.com). Any Resident who makes such an arrangement or allows an individual to
stay in an Apartment or in the Apartment Community is in breach of the Lease. Landlord has the right at all times
Document digitally signed using RentCafe eSignature services. Document ID: 338539
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
during the Term to confirm the identity of Resident. or other persons in the Apartment Community. If a person is foung
to be staying. regularly using or spending the night in the Apartment who is not a Resident approved by Landlord. or If
Resident provides Resident's keys or access device to a non-Resident without the knowledge and pre-approval of
Landlord, Resident will be in breach of the Lease. Persons who are not listed as Resident may not receive mail or
packages at the Apartment Community. It is a breach of this Lease for Resident to allow a non-Resident to receive mail
or any package at the Apartment or Apartment Community. Landlord reserves the right to give any mail or package
carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved Resident of
the Apartment. Only the persons identified as Resident on this Lease shall be issued a Certificate of Rent Paid.
b) The Apartment will be used only for normal residential purposes. Resident may not assign or sublet, engage in the
activity of a short-term rental housing platform, or show publicly list any part of the Apartment or give accommodations
to any roomers without Landlord's prior written consent at Landlord's sole discretion. Even if Landlord agrees to an
assignment or sublease, Resident shall obtain all proper licensing as required by law and remain liable for all rent and
other obligations under this Lease unless Landlord otherwise agrees in writing. Landlord's consent to one or more
assignments or subleases shall not be a waiver of Landlord's right to consent to any future assignment or sublease.
Any breach of the provisions of this Section shall be incurable. and. at Landlord's sole discretion. any Resident in
breach of any of the obligations of this Section may be immediately evicted.
C) Resident shall not conduct any business of any kind at the Apartment or elsewhere in the Apartment Community.
Resident shall not perform or permit any practices that are unlawful or may damage the reputation of, or othewvise be
injurious to Landlord, be disturbing to other residents. or be likely to cause an increase in the rate of insurance of the
Apartment Community. Excessive traffic from Resident's guests at unusual or late hours is a disturbance and shall be a
violation of this Lease.
d) All guests staying for an extended stay (Le. longer than seven (7) consecutive nights) must be pre-registered with
Landlord prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community
Rules pertaining to use of the Apartment and the Apartment Community. Guests are only allowed to use common
areas and Apartment Community amenities when accompanied by a Resident.
e) Resident shall not give Apartment keys or access devices to a guest or any other individual. Resident can authorize
Landlord to release an Apartment key or access device to a guest or other third party by first delivering to Landlord a
completed, dated and signed form provided by Landlord. Landlord reserves the right, in its sole discretion, to refuse to
allow access to the Apartment Community or the Apartment to any non-Resident. guest or invites of Resident
Landlord reserves the right to exclude Resident's guests from the Apartment and Apartment Communi by giving such
guests a trespass notice and advising Resident that such guests are no longer permitted at Resident's artment or the
Apartment Community if such guests have violated provisions of the Lease or Community Rules, or are reasonably
believed to pose a danger to the property. health. safety, morals, or quiet enjoyment of the Apartment Community,
neighbors. or agents of Landlord. Grounds for such exclusions include. but are not limited to (i) when a guest has
previously lived at the Apartment Community but was evicted; (ii) if a guest has a criminal history of convictions for
crimes against persons, property or drug offenses; (iii) if Landlord is asked by local law enforcement officers to take
action against a guest; or (iv) if a guest engages in actions or conduct at the Apartment Community that constitute a
breach of the Lease or other policies of Landlord. In the event that Landlord notifies Resident that an individual has
been trespassed from the Apartment or the Apartment Community, Resident shall not invite. or permit said trespassed
individual onto the Apartment or the Apartment Community. and Resident's failure to comply with such trespass notice
shall constitute a material breach of this Lease.
10. RESIDENT PROMISES ABOUT MAINTENANCE AND HOUSEKEEPING:
a) Resident shall maintain the Apartment in a safe. sanitary and presentable condition without excess clutter. Resident
shall immediately notify Landlord of any problems with or damage to the Apartment or the Apartment Community
including all appliances and fixtures.
b) Except in the event of any emergency or malfunction of any detector or safety equipment. any request for repairs or
services must be made in writing to Landlord. In case of malfunction of utilities or damage by fire. water. malfunctioning
plumbing, water leaks or burst pipes. or similar cause. Resident must notify Landlord immediately. ln case of
malfunction of air conditioning or other equipment. Resident must notify Landlord as soon as possible. Additionally.
Resident is required to notify Landlord in writing promptly of water leaks. electrical problems. mrpet holes. broken
glass. broken locks or latches, the presence or suspected presence of mold. and an condition that could pose a risk to
health or safety of. or damage to. the Apartment or the Apartment Community. nce Landlord receives the notice.
Landlord shall act with reasonable diligence,14 days, in making repairs and reconnections. but during that time.
Resident cannot stop payment of rent or reduce the rent. Landlord can temporarily turn off equipment and interrupt
utilities to avord property damage or to perform work requiring such interruption as determined in Landlord's sole and
absolute judgment. Any requests for changes to locks or latches or requests for repair or replacement of a lock or latch
must be in writing. Any notice of repairs from Resident under this Section shall constitute consent for Landlord to enter
the Apartment to inspect and address the repair issue. The date the Resident gives the notice of repair to Landlord
constitutes notices that Landlord will enter the unit from 8AM to 8PM within the next 14 days after 24 hour written notice
is provided to Resident. Resident shall not deny entry and any denial after Landlord's notice will subject Resident to an
action for material breach of lease. One denial by Resident is a serious, uncurable, and material breach of the
ease.
'eviction
C) Resident. and Resident's household members and guests, shall not damage or cause waste to the Apartment or the
Apartment Community. Resident shall reimburse Landlord upon demand for any and all damage. beyond ordinary
wear and tear as decided at the sole discretion of the Landlord, to the Apartment or the Apartment Community
caused .by the act or omission of Resident, or Resident's guests or visitors. Resident will comply with all Rules and
Regulations set out by Landlord regarding maintaining the Apartment.
d) Resident is responsible for the removal of trash and garbage from the Apartment to the appropriate collection point and
maintaining the Apartment in a clean and sanitary condition without excess clutter. and any other obligations required
by law. Arr conditioning and heating equipment. where and when provided by Landlord. will be maintained by Landlord
Document digitally signed using RentCafe eSignature services. Document ID: 338539
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
although Resident must pay for any repair required due to misuse or neglect by Resident or Resident's household
members or guests.
e) Resident must not obstruct or place any personal property in front of any air conditioning, heating equipment or vents.
Resident. Resident's household, and Resident's guests must use plumbing fixtures and facilities, electrical systems and
other mechanical systems and appliances in the manner designed.
f) If the Apartment has any concrete flooring. no cleaners containing bleach or pine may be used on any concrete flooring
in the Apartment as it will damage the finish of the floor. lt is recommended to mop the concrete floors with warm water
only. In the event the concrete floor in the Apartment is damaged by furniture, pets, rugs, etc, it may require
resurfacing. If damage is caused by the Resident, any household members or guests. me Resident will be
responsible for the resurfacing costs.
g) Resident may not paint or apply wallpaper to the walls of the Apartment without prior written consent of Landlord. If
Landlord provides such consent. Resident will abide by the following guidelines:
i. All paint must be requested by Resident and approved by Landlord in writing. Resident shall notify Landlord in writing
regarding the selection of paint color and receive Landlord's prior written consent thereto before purchasing paint.
ii. Resident must paint walls back to original color before moving out. Resident must use the brand and oolor paint
Landlord uses for that property.
iii. Any paint that Resident may get on ceiling, trim. door or window frames, floor/carpet, etc. and is not properly removed
by Resident without damaging any part of the Apartment shall be charged back to Resident at the time of move out.
iv. Failure to paint the Apartment back to original color may result in charges being assessed to Resident.
h) Any damage to the Apartment or other areas of the Apartment Community caused by Resident. or any of Resident's
household members or guests, will be corrected, repaired or replaced at Resident's expense upon demand of Landlord.
Resident must immediately notify Landlord in writing of any needed maintenance or repair. If Landlord is required by
state, county. local or other government authority to make any repairs. do any corrective maintenance or cleaning
that is Resident's responsibility then those repairs, maintenance or cleaning will be done at Resident's expense.
11. COMMUNITY RULES: Any community rules or resident handbook ("Community Rules") provided in connection with this
Lease shall be deemed a part of this Lease and may be amended by Landlord with a thirty (30) day written notice to
Resident. Resident's violations of Community Rules are material and serious violations of the lease and grounds for an
eviction action.
12. SORTING AND SEPARATING OF REFUSE AND TRASH:
a) Resident shall comply with all laws and regulations regarding the collection, sorting. separation. and recycling of waste
products. garbage and trash and as otherwise implemented by Landlord. Resident shall place all trash and garbage
inside the provided dumpsters and flatten all boxes before disposal. Resident shall not place oversized items such as
furniture in or around the dumpster area without the prior written consent of Landlord and scheduled for timely removal.
Landlord shall have the discretion of charging removal fees or oversized items. Resident's noncompliance with this
Section shall constitute a violation of this Lease and grounds for an eviction action. Additionally, at Landlord's sole
discretion, Landlord may charge Resident for the damage and add it to the ledger as additional rent. charge the
Resident separately for his/herltheir violations. charge Resident its actual damages and deduct the amounts out of the
Resident's security deposit.
b) Resident shall pay 150% of all costs. expenses. fines, penalties, or damages imposed on Landlord by reason of
Resident's failure to comply with this Section and shall indemnify. defend. and hold Landlord harmless from and against
any actions, claims suits arising from such noncompliance.
13. NOISE/BEHAVIOR: Resident promises not to disturb other residents or Landlord. Resident or any guest or visitor of
Resident will not make any boisterous. unruly or thoughtless noises. or engage in any conduct or action that will interfere with
the peaceful enjoyment of the Apartment or Apartment Community. rights. comforts. or convenience of other residents or will
disturb other residents. Resident and any guest or visitor of Resident shall refrain from using loud voices. yelling or use of
vulgar or offensive language. actions or gestures. Televisions. radios, stereos. surround sound systems, computers. music or
games players/systems shall have volume and bass levels adjusted so as not to disturb other residents. Resident may not
operate exercise equipment, or play musical or other rhythm instruments, in a way that causes a noise or vibration
disturbance for other residents. Resident shall not interfere in the management and operation of the Apartment or Apartment
Community. Resident shall not engage in or allow any guest to engage in harassing. threatening or discriminatory language
or conduct directed at Landlord. Landlord's employees. representatives or agents. or other residents or their guests.
14. ANIMALS. Animals (including but not limited to dogs. cats. insects, rodents. reptiles. birds. and fish) are not allowed
anywhere on or about the Apartment Community to be kept or to "visit" in the Apartment or the Apartment Community without
the prior WRITTEN approval of Landlord, after Landlord's review and approval of all required papenivom. which approval may
be granted or denied at Landlord's sole discretion. "Animanet sitting" is not allowed. Landlord's consent for Resident to
have an Animal at the Apartment Community, shall be conditioned on the requirements that Resident (i) must sign an Animal
License Agreement provided by Landlord, (ii) shall pay a non-refundable Animal Fee and additional Animal Rent as set forth
in the Animal License Agreement; (iii) agrees to comply with the terms and provisions of the Animal License Agreement and
any "Animals" Section of the Community Rules.
15. PEST CONTROL:
a) Resident must notify Landlord immediately if Resident sees any signs of pests in the Apartment. and Resident's failure
Document digitally signed using RentCal'e cSignature services. Document ID: 338539
27-CV-HC-24-4411
Filed in District Court
State of Minnesota
7/1/2024 10:43 AM
to so notify Landlord is a serious violation of this Lease. In the event that any inspection discloses that Resident's
Apartment has had an ongoing pest problem that has not been reported by Resident, this Lease may be terminated or
nonrenewed at Landlord's option. and Resident may be evicted.
b) Resident must comply with Landlord's pest control program. including complying with recommendations and
instructions provided by Landlord's pest control vendor. if it is the opinion of Landlord's selected pest control vendor
that pests originated in Resident's Apartment. Resident shall be held financially responsible for costs incurred by
Landlord for inspection. treatment, remediation, replacement, and any other damages incurred by Landlord, and
Resident must pay for such costs upon demand by Landlord. Some pests, such as bedbugs. may require Resident, at
Resident's sole expense, to dispose of or professionally clean personal property at high temperatures or with chemical
treatments. Resident's liability for required pest control treatment is not limited to costs associated with Resident's
Apartment and personal property. Resident must comply with any requests from Landlord and Landlord's pest oontrol
vendor relating to pest control treatments and preparing for such treatments. including but not limited to moving
furniture, clearing cupboards. disposing of perishables. or bagging or removal of affected personal belongings. Failure
to comply with the Landlord's request or the pest control vendor's requirements is a serious and material violation of the
lease and grounds for an eviction action. If the Apartment is not ready for Landlord's pest control vendor at a scheduled
time. Resident, at Landlord's discretion, shall be responsible for the cost of re-treatment or subsequent visits. Resident
shall pay for such visits and treatments upon demand by Landlord as additional rent. Failure to pay for later visits and
treatments is a serious and material violation of the lease and grounds for an eviction action.
C) If Resident refuses to allow access to the Apartment to Landlord and Landlord's pest control vendor for any inspections
or treatments for pest control, or if Resident interferes in any way with Landlord's pest control program. Resident shall
be in breach of this Lease and an eviction action may be filed.
16. RESIDENT CONDUCT: Resident agrees that:
a) No sign. signal. illumination. advertisement. notice or any other lettering or equipment shall be exhibited, inscribed,
painted. affixed, or exposed on a window or any part of the outside or inside of the Apartment or the Apartment
Community without the prior written permission of Landlord.
b) No awnings or other projections includin air conditioners, TV. satellite or radio antennae or wiring shall be attached to
or extended from the outside walls or roo of the Apartment Community.
c) Resident shall not alter any lock or install a new lock, knocker. peephole or other attachments on any door of the
Apartment. or install a security system, without the prior written permission of Landlord.
d) No interior alterations or redecorating may be done to the Apartment without the prior written permission of Landlord,
all permitted alterations, additions and fixtures shall remain as part of the Apartment unless Landlord otherwise
e ects.
e) Resident may not install or use additional major appliances such as washers, dryers. freezers. portable dishwashers,
etc.
f) Only small nails may be used for hanging pictures; no adhesive tape hangers or tape shall be applied to the walls; no
nails or screws shall be driven into the woodwork; and no mounting of any kind shall be attached to the ceilings.
9) No music. other sounds or any other conduct that may disturb or annoy other residents is permitted at any time;
subwoofers are not allowed.
h) Resident and Resident's household members and guests shall not act in a loud, boisterous. unruly or thoughtless
manner or disturb the rights of the other residents to peace and quiet. and Landlord reserves the right to prohibit certain
exercise equipment if Landlord determines that the use of such equipment may disturb other residents.
The toilets. basins and other plumbing fixtures shall not be used for any purpose other than for those for which they
were designed, and any damage mused by Resident or Resident's household members resulting from or related to the
misuse of such fixtures shall be paid for by Resident upon demand by Landlord.
i) Resident shall not keep or permit waterbeds or any other waterfilled furniture in the Apartment without the prior
written consent of Landlord and provided that Resident provides proof of Renter's Insurance. Resident may not keep or
add any water hose, sprayer. or fixture without the prior written consent of Landlord. (No bidets, dishwashers, water or
sprayer or hose may be added or attached to any fixture or water line already provided in the
pa en uni .
:pplligr'icetfiltetrs,
k) Use ofall recreation facilities shall be restricted to Residents and limited guests only. Guests are not permitted to use
recreational facilities unless accompanied by a Resident or having prior written consent of Landlord. The use of said
facilities shall be in accordance with posted rules that may be changed from time to time.
) If Resident installs drapes. the dra ry must hang 2 feet above the heat register. Any drapery attachments to the wall
may be subject to a drywall repair ee upon move-out to return the Apartment to its original condition. Blinds may not be
removed without the prior written consent of Landlord.
m) No rugs, linens, or other linen items shall be hung or shaken from the windows, balconies. stairways, or landings of the
Apartment or the Apartment Community.
0) Resident must not disconnect. cover. remove. tamper with. or damage any smoke detector. carbon monoxide detector.
or any other detector in the Apartment or the Apartment Community or remove the battery from any such device without
immediately replacing it with a working one. Resident should periodically check the detector in the Apartment an
Preview
27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Saturday Properties, LLC, Plaintiff, COMPLAINT vs. Teddy Gross (dob 5/27/1997), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Saturday Properties, LLC. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Teddy Gross. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease 3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A. 4. The address of the property in the Lease is 3029 22nd Avenue South #205, in the City of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55407. 5. The tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the section 8 program; the LIHTC program or any other similar program. Conditions Precedent 6. All necessary conditions precedent have been performed or have occurred. 1 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM 7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Non-payment 8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 10. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action. 11. The total amount required to redeem the tenancy is $2,154.51 + $377.00 (costs of the action – filing fee and service fee) for a total of $2,531.50, plus any additional amounts, or other covenants of the lease which may become due during the pendency of this action. The amount pled not include all money owing under the lease. 12. Defendants’ military status is unknown. 2 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM Request for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs and disbursements of the action. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: June 25, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM APARTMENT LEASE AGREEMENT Apartment Community Name: Southsider Agartmens Building Address: 3029 22nd Ave. South Unit # fl Date: February 18, 2024 Landlord and Resident mutually agree to the following terms: RESIDENT LEASEHOLDER(S): (Each adult who signs this Lease is a "Resident.") 1.) Teddy Gross 3.) 5.) 2.) 4.) 6.) CO-SIGNER(S): Check here if not applicable [X] 1.) 2.) OTHER OCCUPANTS (Please list names & DOB): 1.) 2.) 3.) Type of Unit: B3-SS Security Deposit: $150.00 15' Garage/Parking Space #2 I 2"" Garage/Parking Space #z I Number of Pets: Type of Pet(s): , , Monthly Pet Rent: $0.00 Non-Refundable Pet Fee: $0.00 Pet Fee: $0.00 Move-In Date: 05/17/2024 Lease Start Date: 05l17l2024 Term: 12 Month Lease End Date: 0511 6/2025 (at Noon on the last day of the lease) NOTICE PERIOD: Resident's notice to vacate/nonrenewal and/or Landlord's notice to vacate/nonrenewal are due by 11:59 P.M., 59 Days ("Notice Period") prior to the expiration of the Lease in writing unless indicated otherwise herein. UTILITIES: Utilities included in rent: None Utilities paid separately by Resident: Gas, Electric, Water, Sewer, Trash & Cable/Internet. RENT: Total Monthly Payment of: $1,343.50 is to be paid in full on or before the first day of each month by automatic withdrawal. one check. or money order. The total amount due from Resident during a particular month may be in excess of the stated amount if additional charges are due in accordance with this Lease. [Wonthly Amount [Description Resident Initials Monthly Rent $1,339.00 Monthly Rent 1 Zé) Garage/Parking 0.00 1:9 Pet 0.00 1?) Storage 0.00 "(12.) Other Charges 0.00 7?) Fixed Utility Admin Fee Utility Admin Fee v-L ~77) I5450 IMonthly Concession 0.00 "(I6 TOTAL MONTHLY PAYMENT: 1,343.50 ,1.,5) Document digitally' signed using RentCaI'c cSignaturc services. Document ID: 338539 EXHIBIT A EXHIBIT A 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM SERVICE CHARGES: (must initial box) O Late Fee if Total Monthly Payment is not received by 4:00 p.m. on the fifth (5th) day of the month in which it is due: There will be a late fee equal to 8% of the Total Monthly Payment. which is additional rent. T3 0 Returned check charge: $30.00. - Check Processing fee: $5.00 ALL LATE FEES AND ANY AMOUNTS DUE UNDER THE LEASE WILL BE WITHELD FROM SECURITY DEPOSIT IF NOT PAID BEFORE MOVE OUT AS DAMAGES BEYOND NORMAL WEAR AND TEAR IN ACCORDANCE WITH MINN. STAT. § 5048.178. ADDITIONAL AGREEMENTS: NIA KEYS: Resident agrees to take every precaution not to lose the apartment door key, mailbox key, or l_=OBs (hereinafter keys), and if Resident does lose any keys, Resident shall pay for replacement keys. as additional rent in accordance wuth the followmg schedule: Key, Opener, Fob # Issued Amount Per Item Key, Opener, Fob # Issued Amount Apt. Door Key $100.00 Storage Locker $0.00 Key Other: Garage Mailbox Key $15.00 $100.00 Opener FOB (per FOB) $100.00 $ One set of keys is provided for each Resident. Replacement key charges are due and payableat the time of the loss and_prior to of such keys. Keys for any occupants under 18 years of age must be requested In writing, and occupants must be listed on e Lease. trfiplacement The following infonnaflon is provided pursuantto Minn. Stat. § 5043.181: The person authorized to manage these premises and the landlord or the premises authorized to accept service of process and receive and give receipts for notices and demands is: Saturday Properties, LLC, 3546 Dakota Avenue South. Suite D, St. Louis Park, MN 55416. A printed or type written notice containing the information is hereby disclosed and placed in a conspicuous place on the premises. TERMS OF THIS LEASE: A. LEASE: In consideration of the mutual agreements and provisions set forth below, Landlord hereby leases to Resident and Resident hereby leases from Landlord, for a private residence, the Apartment designated above. together with the fixtures and accessories belonging thereto (hereinafter "Apartment") for the above term ("Term"). All parties listed as "Landlord" or "Landlord's Agent" and "Resident" are herein referred to individually and collectively as Landlord and Resident respectively. The term Landlord shall include the Owner, all authorized agenm. employees. representatives or assigns of Landlord or the Owner of the property. B. POSSESSION: The Apartment shall be available when Landlord communicates to Resident that the Apartment is ready for occupation via telephone. via U.S. Mail to Resident's last known address, via email to an email address provided by Resident. or when Landlord has tendered keys to the Apartment to Resident. Landlord shall not be liable to Resident for damages of any kind whatsoever if Landlord cannot deliver possession of the Apartment on the first day of the tenancy for any reason, in which case this Lease shall remain in full force and effect except that the rent shall be abated pro-rata until possession of the Apartment is tendered to Resident; provided that if Landlord is unable to deliver possession of the Apartment to Resident within thirty (30) calendar days after the Term start date stated above, Resident may cancel this Lease by written notice delivered to Landlord wuthin thirty-five (35) calendar days after the Term start date stated above. In such event, all sums previously paid by Resident to Landlord will be refunded to Resident. including any Application Fee. Security Deposit or any other deposit or rent. Notwithstanding the foregoing, Landlord shall not be obligated to deliver possession or the keys of the Apartment to Resident unless and until Resident has paid all amounts due at the time physical possession of the Apartment is given to Resident C. CONDITION OF APARTMENT: By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had an opportunity to inspect the Apartment or one like it. and that no promises have been made by Landlord about any changes in decorating. appliances or fixtures, unless such changes are in a writing signed by Landlord and Resident. A "Resident Move-In Checklist" will be provided to Resident at the time Resident moves into the Apartment. Resident agrees to document any defects or damage in the Apartment by returning the Checklist to Landlord within two (2) days after move in. Any damages or deficiencies noted on the Checklist are not considered a request for repair or service unless Resident also submits a work order or request for service. Resident's completion and return of the Checklist to Landlord is Resident's acknowledgement of the move-in condition of the Apartment. The Checklist as completed by any one Resident will be deemed binding and conclusive as to the condition of the Apartment on all Residents. If Resident does not return the Checklist as required by this Section. Resident agrees that the Apartment shall be deemed to have been received in good condition with no repairs. defects, or pre-existing damages. Document digitally signed using RentCafc cSignature services. Document ID: 338539 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM D. RENT: 1. PAYMENT: Resident shall pay to Landlord the Total Monthly Payment and all other charges due under this Lease before 11:59 pm on the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease, in advance. at Landlord's address indicated above, or such other place as Landlord shall from time to time designate. without the requirement of demand or billing, and without set-off, deduction or counterclaim. All amounts due hereunder shall be considered rent Unless otherwise notified by Landlord in writing, payment will be accepted in the form of a check. money order. or cashier's check given directly to the Property Manager, placed in the rent drop box. or by payment online. Cash will not be accepted. Payments received shall be applied to the oldest charges on Resident's ledger. TIME IS OF THE ESSENCE FOR ALL PAYMENTS HEREUNDER. Failure of Resident to make the Total Monthly Payment or any other charges due shall constitute a material breach of the Lease and result in Landlord's right to exercise all of its legal remedies including immediate an eviction action pursuant to law. In Landlord's sole discretion. and upon written notice to Resident. Landlord may require the payment of the Total Monthly Payment to be by money order or cashier's check. Landlord shall not be required to provide Resident with a monthly statement. and if Landlord does so. it shall be purely as a courtesy to Resident. JOINT AND SEVERAL LIABLITY FOR RENT AND OBLIGATIONS: Each adult Resident listed above is JOINTLY and SEVERALLY for the payment of the total amount of rent and any other monies or charges owed with relation re erenced apartment and for all other requirements under this Lease. to the above resfponsible CO-SIGNER (IF APPLICABLE): Co-signer (if applicable). has read this Lease and promises to guarantee Resident's compliance with the financial obligations of the Lease. The Co-signer will not occupy the Apartment and neither Landlord nor Resident shall provide Co-signer with any keys to the Apartment. The Co-signer agrees that they shall be personally responsible for the Resident's Total Monthly Payments. rent payments, late charges. utilities. damages. etc. incurred by Resident in the event that Resident fails to pay as set forth in this Lease. The Co-signer further agrees to pay any and all court costs that might occur if the terms of the Lease are not met. Landlord is not required to first attempt collection of past due amounts from Resident. and instead, may make immediate demand upon or proceed to enforcement against the Coslgner. The guarantee of Co-signer will remain in force throughout the entire Term of Resident's tenancy. even if the ReSIdent's tenancy is renewed. extended and or changed in its terms. DUTY TO PAY RENT AFTER EVICTION: If Resident is evicted because Resident violated a term of this Lease, Resident must still pay the monthly rent until (a) the beginning of the lease Term for which the Apartment is re-rented; (b) the date that this Lease ends; or (c) if the Lease is month-to-month, the next Notice Period ends. lf the Apartment is re-rented for less than the rent due under this Lease. Resident will be responsible for the difference until the date this Lease ends or. if the Lease is month-tomonth. until expiration of the next Notice Period. . LATE CHARGES; PARTIAL PAYMENT OF RENT: Resident agrees to pay Landlord a late charge in the amount set forth above under "Service Charges" on any rent or other balance not received by the Landlord by 4:00 PM on the 5'" day of the month without any prior notice by Landlord. Landlord reserves the right to adjust the late charge schedule with a fifty-nine (59) Day written notice to Resident. It is expressly agreed to between Landlord and Resident that acceptance by Landlord of less than the full amount of rent due from Resident does not waive Landlord's right to commence or continue an eviction to recover possession of the rental premises for nonpayment by Resident of the balance of rent owed Landlord. No endorsement or statement on any check or other communication shall be deemed an accord and satisfaction and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of any sums owed by Resident or to pursue against Resident any additional remedies under this Lease or provided by law. NSF 0R CHECKS RETURNED UNPAID. lf a payment by Resident is returned to the Landlord unpaid for any reason, all applicable late charges through the date of redemption and an NSF fee in the amount set forth under "Service Charges" will be assessed as additional rent: Redemption payments must be made by a cashier's check or money order. An NSF check constitutes a non-payment of rent (Total Monthly Payment) and can result in an eviction action being filed. Landlord reserves the right to require that all future payments be in the form of certified funds. Additionally. Landlord reserves the right to adjust charges associated with returned checks upon providing a sixty (60) day written notice to Resident. ACCELERATION: If this Lease is terminated due to any violations of a material term hereof. or if Resident is evicted, the entire remaining amount due under this Lease through the Lease End Date, and any extension hereof of any month-to-month lease (wit a fifty-nine (59) days' Notice Period), shall become due and payable immediately. WHEN PAYMENTS ARE DUE: Any amount owed by Resident under this Lease is due when Landlord asks for it. Landlord does not give up its right to any money owed by Resident because of Landlord's failure or delay in asking for any payment. PROMOTIONSICONCESSION: Any rent promotions or concessions that are given to Resident will be in the form of a rent credit only and are not reimbursable for cash. lf a Resident receives a promotion/concession and does not fulfill the lease term or defaults In any tenn_or condition of the lease. then the promotion/concession will be immediately charged back to the Resident and becomes Immediately due. That means, if Resident was given a concession for the month of April and fails to pay rent or vrolates any other term of the lease in Ma . then Resident shall owe the rent in arrears. the concession. and the current month's rent. Landlord is entitled to charge an % late fee for "charged back" promotions/concessions if not paid on the first day of the following month in which the breach or default occurs. If Resident does not utilize the rent promotion prior to or before signing a new lease term. the promotion/concession becomes null and void and of no ene o athfullRleage \b/acatfiing e es: en term . E. USE OF APARTMENT: 9. OCCUPANCY; USE; SUBLETTING; GUESTS: a) Only the persons listed above as Resident can live in the Apartment. No other persons may live, use. regularly stay. or "share" the Apartment. Resrdent shall not allow any non-Resident to stay in the Apartment or in the Apartment Community through any private or public home sharing. room letting, swapping. vacation rental, bartering or any other accommodation sharing or similar service. whether long term or short term (by way of non-exclusive example: VRBO.com. homeaway.com or Airbnb.com). Any Resident who makes such an arrangement or allows an individual to stay in an Apartment or in the Apartment Community is in breach of the Lease. Landlord has the right at all times Document digitally signed using RentCafe eSignature services. Document ID: 338539 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM during the Term to confirm the identity of Resident. or other persons in the Apartment Community. If a person is foung to be staying. regularly using or spending the night in the Apartment who is not a Resident approved by Landlord. or If Resident provides Resident's keys or access device to a non-Resident without the knowledge and pre-approval of Landlord, Resident will be in breach of the Lease. Persons who are not listed as Resident may not receive mail or packages at the Apartment Community. It is a breach of this Lease for Resident to allow a non-Resident to receive mail or any package at the Apartment or Apartment Community. Landlord reserves the right to give any mail or package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved Resident of the Apartment. Only the persons identified as Resident on this Lease shall be issued a Certificate of Rent Paid. b) The Apartment will be used only for normal residential purposes. Resident may not assign or sublet, engage in the activity of a short-term rental housing platform, or show publicly list any part of the Apartment or give accommodations to any roomers without Landlord's prior written consent at Landlord's sole discretion. Even if Landlord agrees to an assignment or sublease, Resident shall obtain all proper licensing as required by law and remain liable for all rent and other obligations under this Lease unless Landlord otherwise agrees in writing. Landlord's consent to one or more assignments or subleases shall not be a waiver of Landlord's right to consent to any future assignment or sublease. Any breach of the provisions of this Section shall be incurable. and. at Landlord's sole discretion. any Resident in breach of any of the obligations of this Section may be immediately evicted. C) Resident shall not conduct any business of any kind at the Apartment or elsewhere in the Apartment Community. Resident shall not perform or permit any practices that are unlawful or may damage the reputation of, or othewvise be injurious to Landlord, be disturbing to other residents. or be likely to cause an increase in the rate of insurance of the Apartment Community. Excessive traffic from Resident's guests at unusual or late hours is a disturbance and shall be a violation of this Lease. d) All guests staying for an extended stay (Le. longer than seven (7) consecutive nights) must be pre-registered with Landlord prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community Rules pertaining to use of the Apartment and the Apartment Community. Guests are only allowed to use common areas and Apartment Community amenities when accompanied by a Resident. e) Resident shall not give Apartment keys or access devices to a guest or any other individual. Resident can authorize Landlord to release an Apartment key or access device to a guest or other third party by first delivering to Landlord a completed, dated and signed form provided by Landlord. Landlord reserves the right, in its sole discretion, to refuse to allow access to the Apartment Community or the Apartment to any non-Resident. guest or invites of Resident Landlord reserves the right to exclude Resident's guests from the Apartment and Apartment Communi by giving such guests a trespass notice and advising Resident that such guests are no longer permitted at Resident's artment or the Apartment Community if such guests have violated provisions of the Lease or Community Rules, or are reasonably believed to pose a danger to the property. health. safety, morals, or quiet enjoyment of the Apartment Community, neighbors. or agents of Landlord. Grounds for such exclusions include. but are not limited to (i) when a guest has previously lived at the Apartment Community but was evicted; (ii) if a guest has a criminal history of convictions for crimes against persons, property or drug offenses; (iii) if Landlord is asked by local law enforcement officers to take action against a guest; or (iv) if a guest engages in actions or conduct at the Apartment Community that constitute a breach of the Lease or other policies of Landlord. In the event that Landlord notifies Resident that an individual has been trespassed from the Apartment or the Apartment Community, Resident shall not invite. or permit said trespassed individual onto the Apartment or the Apartment Community. and Resident's failure to comply with such trespass notice shall constitute a material breach of this Lease. 10. RESIDENT PROMISES ABOUT MAINTENANCE AND HOUSEKEEPING: a) Resident shall maintain the Apartment in a safe. sanitary and presentable condition without excess clutter. Resident shall immediately notify Landlord of any problems with or damage to the Apartment or the Apartment Community including all appliances and fixtures. b) Except in the event of any emergency or malfunction of any detector or safety equipment. any request for repairs or services must be made in writing to Landlord. In case of malfunction of utilities or damage by fire. water. malfunctioning plumbing, water leaks or burst pipes. or similar cause. Resident must notify Landlord immediately. ln case of malfunction of air conditioning or other equipment. Resident must notify Landlord as soon as possible. Additionally. Resident is required to notify Landlord in writing promptly of water leaks. electrical problems. mrpet holes. broken glass. broken locks or latches, the presence or suspected presence of mold. and an condition that could pose a risk to health or safety of. or damage to. the Apartment or the Apartment Community. nce Landlord receives the notice. Landlord shall act with reasonable diligence,14 days, in making repairs and reconnections. but during that time. Resident cannot stop payment of rent or reduce the rent. Landlord can temporarily turn off equipment and interrupt utilities to avord property damage or to perform work requiring such interruption as determined in Landlord's sole and absolute judgment. Any requests for changes to locks or latches or requests for repair or replacement of a lock or latch must be in writing. Any notice of repairs from Resident under this Section shall constitute consent for Landlord to enter the Apartment to inspect and address the repair issue. The date the Resident gives the notice of repair to Landlord constitutes notices that Landlord will enter the unit from 8AM to 8PM within the next 14 days after 24 hour written notice is provided to Resident. Resident shall not deny entry and any denial after Landlord's notice will subject Resident to an action for material breach of lease. One denial by Resident is a serious, uncurable, and material breach of the ease. 'eviction C) Resident. and Resident's household members and guests, shall not damage or cause waste to the Apartment or the Apartment Community. Resident shall reimburse Landlord upon demand for any and all damage. beyond ordinary wear and tear as decided at the sole discretion of the Landlord, to the Apartment or the Apartment Community caused .by the act or omission of Resident, or Resident's guests or visitors. Resident will comply with all Rules and Regulations set out by Landlord regarding maintaining the Apartment. d) Resident is responsible for the removal of trash and garbage from the Apartment to the appropriate collection point and maintaining the Apartment in a clean and sanitary condition without excess clutter. and any other obligations required by law. Arr conditioning and heating equipment. where and when provided by Landlord. will be maintained by Landlord Document digitally signed using RentCafe eSignature services. Document ID: 338539 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM although Resident must pay for any repair required due to misuse or neglect by Resident or Resident's household members or guests. e) Resident must not obstruct or place any personal property in front of any air conditioning, heating equipment or vents. Resident. Resident's household, and Resident's guests must use plumbing fixtures and facilities, electrical systems and other mechanical systems and appliances in the manner designed. f) If the Apartment has any concrete flooring. no cleaners containing bleach or pine may be used on any concrete flooring in the Apartment as it will damage the finish of the floor. lt is recommended to mop the concrete floors with warm water only. In the event the concrete floor in the Apartment is damaged by furniture, pets, rugs, etc, it may require resurfacing. If damage is caused by the Resident, any household members or guests. me Resident will be responsible for the resurfacing costs. g) Resident may not paint or apply wallpaper to the walls of the Apartment without prior written consent of Landlord. If Landlord provides such consent. Resident will abide by the following guidelines: i. All paint must be requested by Resident and approved by Landlord in writing. Resident shall notify Landlord in writing regarding the selection of paint color and receive Landlord's prior written consent thereto before purchasing paint. ii. Resident must paint walls back to original color before moving out. Resident must use the brand and oolor paint Landlord uses for that property. iii. Any paint that Resident may get on ceiling, trim. door or window frames, floor/carpet, etc. and is not properly removed by Resident without damaging any part of the Apartment shall be charged back to Resident at the time of move out. iv. Failure to paint the Apartment back to original color may result in charges being assessed to Resident. h) Any damage to the Apartment or other areas of the Apartment Community caused by Resident. or any of Resident's household members or guests, will be corrected, repaired or replaced at Resident's expense upon demand of Landlord. Resident must immediately notify Landlord in writing of any needed maintenance or repair. If Landlord is required by state, county. local or other government authority to make any repairs. do any corrective maintenance or cleaning that is Resident's responsibility then those repairs, maintenance or cleaning will be done at Resident's expense. 11. COMMUNITY RULES: Any community rules or resident handbook ("Community Rules") provided in connection with this Lease shall be deemed a part of this Lease and may be amended by Landlord with a thirty (30) day written notice to Resident. Resident's violations of Community Rules are material and serious violations of the lease and grounds for an eviction action. 12. SORTING AND SEPARATING OF REFUSE AND TRASH: a) Resident shall comply with all laws and regulations regarding the collection, sorting. separation. and recycling of waste products. garbage and trash and as otherwise implemented by Landlord. Resident shall place all trash and garbage inside the provided dumpsters and flatten all boxes before disposal. Resident shall not place oversized items such as furniture in or around the dumpster area without the prior written consent of Landlord and scheduled for timely removal. Landlord shall have the discretion of charging removal fees or oversized items. Resident's noncompliance with this Section shall constitute a violation of this Lease and grounds for an eviction action. Additionally, at Landlord's sole discretion, Landlord may charge Resident for the damage and add it to the ledger as additional rent. charge the Resident separately for his/herltheir violations. charge Resident its actual damages and deduct the amounts out of the Resident's security deposit. b) Resident shall pay 150% of all costs. expenses. fines, penalties, or damages imposed on Landlord by reason of Resident's failure to comply with this Section and shall indemnify. defend. and hold Landlord harmless from and against any actions, claims suits arising from such noncompliance. 13. NOISE/BEHAVIOR: Resident promises not to disturb other residents or Landlord. Resident or any guest or visitor of Resident will not make any boisterous. unruly or thoughtless noises. or engage in any conduct or action that will interfere with the peaceful enjoyment of the Apartment or Apartment Community. rights. comforts. or convenience of other residents or will disturb other residents. Resident and any guest or visitor of Resident shall refrain from using loud voices. yelling or use of vulgar or offensive language. actions or gestures. Televisions. radios, stereos. surround sound systems, computers. music or games players/systems shall have volume and bass levels adjusted so as not to disturb other residents. Resident may not operate exercise equipment, or play musical or other rhythm instruments, in a way that causes a noise or vibration disturbance for other residents. Resident shall not interfere in the management and operation of the Apartment or Apartment Community. Resident shall not engage in or allow any guest to engage in harassing. threatening or discriminatory language or conduct directed at Landlord. Landlord's employees. representatives or agents. or other residents or their guests. 14. ANIMALS. Animals (including but not limited to dogs. cats. insects, rodents. reptiles. birds. and fish) are not allowed anywhere on or about the Apartment Community to be kept or to "visit" in the Apartment or the Apartment Community without the prior WRITTEN approval of Landlord, after Landlord's review and approval of all required papenivom. which approval may be granted or denied at Landlord's sole discretion. "Animanet sitting" is not allowed. Landlord's consent for Resident to have an Animal at the Apartment Community, shall be conditioned on the requirements that Resident (i) must sign an Animal License Agreement provided by Landlord, (ii) shall pay a non-refundable Animal Fee and additional Animal Rent as set forth in the Animal License Agreement; (iii) agrees to comply with the terms and provisions of the Animal License Agreement and any "Animals" Section of the Community Rules. 15. PEST CONTROL: a) Resident must notify Landlord immediately if Resident sees any signs of pests in the Apartment. and Resident's failure Document digitally signed using RentCal'e cSignature services. Document ID: 338539 27-CV-HC-24-4411 Filed in District Court State of Minnesota 7/1/2024 10:43 AM to so notify Landlord is a serious violation of this Lease. In the event that any inspection discloses that Resident's Apartment has had an ongoing pest problem that has not been reported by Resident, this Lease may be terminated or nonrenewed at Landlord's option. and Resident may be evicted. b) Resident must comply with Landlord's pest control program. including complying with recommendations and instructions provided by Landlord's pest control vendor. if it is the opinion of Landlord's selected pest control vendor that pests originated in Resident's Apartment. Resident shall be held financially responsible for costs incurred by Landlord for inspection. treatment, remediation, replacement, and any other damages incurred by Landlord, and Resident must pay for such costs upon demand by Landlord. Some pests, such as bedbugs. may require Resident, at Resident's sole expense, to dispose of or professionally clean personal property at high temperatures or with chemical treatments. Resident's liability for required pest control treatment is not limited to costs associated with Resident's Apartment and personal property. Resident must comply with any requests from Landlord and Landlord's pest oontrol vendor relating to pest control treatments and preparing for such treatments. including but not limited to moving furniture, clearing cupboards. disposing of perishables. or bagging or removal of affected personal belongings. Failure to comply with the Landlord's request or the pest control vendor's requirements is a serious and material violation of the lease and grounds for an eviction action. If the Apartment is not ready for Landlord's pest control vendor at a scheduled time. Resident, at Landlord's discretion, shall be responsible for the cost of re-treatment or subsequent visits. Resident shall pay for such visits and treatments upon demand by Landlord as additional rent. Failure to pay for later visits and treatments is a serious and material violation of the lease and grounds for an eviction action. C) If Resident refuses to allow access to the Apartment to Landlord and Landlord's pest control vendor for any inspections or treatments for pest control, or if Resident interferes in any way with Landlord's pest control program. Resident shall be in breach of this Lease and an eviction action may be filed. 16. RESIDENT CONDUCT: Resident agrees that: a) No sign. signal. illumination. advertisement. notice or any other lettering or equipment shall be exhibited, inscribed, painted. affixed, or exposed on a window or any part of the outside or inside of the Apartment or the Apartment Community without the prior written permission of Landlord. b) No awnings or other projections includin air conditioners, TV. satellite or radio antennae or wiring shall be attached to or extended from the outside walls or roo of the Apartment Community. c) Resident shall not alter any lock or install a new lock, knocker. peephole or other attachments on any door of the Apartment. or install a security system, without the prior written permission of Landlord. d) No interior alterations or redecorating may be done to the Apartment without the prior written permission of Landlord, all permitted alterations, additions and fixtures shall remain as part of the Apartment unless Landlord otherwise e ects. e) Resident may not install or use additional major appliances such as washers, dryers. freezers. portable dishwashers, etc. f) Only small nails may be used for hanging pictures; no adhesive tape hangers or tape shall be applied to the walls; no nails or screws shall be driven into the woodwork; and no mounting of any kind shall be attached to the ceilings. 9) No music. other sounds or any other conduct that may disturb or annoy other residents is permitted at any time; subwoofers are not allowed. h) Resident and Resident's household members and guests shall not act in a loud, boisterous. unruly or thoughtless manner or disturb the rights of the other residents to peace and quiet. and Landlord reserves the right to prohibit certain exercise equipment if Landlord determines that the use of such equipment may disturb other residents. The toilets. basins and other plumbing fixtures shall not be used for any purpose other than for those for which they were designed, and any damage mused by Resident or Resident's household members resulting from or related to the misuse of such fixtures shall be paid for by Resident upon demand by Landlord. i) Resident shall not keep or permit waterbeds or any other waterfilled furniture in the Apartment without the prior written consent of Landlord and provided that Resident provides proof of Renter's Insurance. Resident may not keep or add any water hose, sprayer. or fixture without the prior written consent of Landlord. (No bidets, dishwashers, water or sprayer or hose may be added or attached to any fixture or water line already provided in the pa en uni . :pplligr'icetfiltetrs, k) Use ofall recreation facilities shall be restricted to Residents and limited guests only. Guests are not permitted to use recreational facilities unless accompanied by a Resident or having prior written consent of Landlord. The use of said facilities shall be in accordance with posted rules that may be changed from time to time. ) If Resident installs drapes. the dra ry must hang 2 feet above the heat register. Any drapery attachments to the wall may be subject to a drywall repair ee upon move-out to return the Apartment to its original condition. Blinds may not be removed without the prior written consent of Landlord. m) No rugs, linens, or other linen items shall be hung or shaken from the windows, balconies. stairways, or landings of the Apartment or the Apartment Community. 0) Resident must not disconnect. cover. remove. tamper with. or damage any smoke detector. carbon monoxide detector. or any other detector in the Apartment or the Apartment Community or remove the battery from any such device without immediately replacing it with a working one. Resident should periodically check the detector in the Apartment an